SENATE BILL 22-152
BY SENATOR(S) Fenberg and Jaquez Lewis, Bridges, Buckner, Coleman,
Cooke, Donovan, Fields, Ginal, Gonzales, Hansen, Hisey, Holbert,
Kirkmeyer, Kolker, Lee, Liston, Lundeen, Moreno, Pettersen, Priola,
Rankin, Rodriguez, Simpson, Smallwood, Story, Winter, Woodward,
Zenzinger;
also REPRESENTATIVE(S) Gray and Bernett, Amabile, Bacon, Bird,
Boesenecker, Daugherty, Duran, Esgar, Exum, Froelich, Jodeh, Kennedy,
Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica,
Pico, Ricks, Roberts, Snyder, Sullivan, Tipper, Titone, Valdez D.,
Weissman, Woodrow, Young.
C
ONCERNING AUTHORIZATION FOR A PERSON WHOSE RESIDENCE IS
DESTROYED OR BECOMES UNINHABITABLE TO CONTINUE TO USE THE
ADDRESS OF THE RESIDENCE AS THE PERSON
'S RESIDENCE FOR
PURPOSES OF VOTING IF THE PERSON INTENDS TO RETURN TO THE
RESIDENCE ONCE IT IS REPLACED OR BECOMES HABITABLE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-2-102, amend
(1)(a)(I) and (1)(c); and add (1)(a)(I.5) as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 1-2-102. Rules for determining residence. (1) The following rules
shall be used to determine the residence of a person intending to register or
to vote in any precinct in this state and shall be used by election judges in
challenge procedures:
(a) (I) The residence of a person is the principal or primary home or
place of abode of a person. A principal or primary home or place of abode
is that home or place in which a person's habitation is fixed and to which
that person, whenever absent, has the present intention of returning after a
departure or absence, regardless of the duration of the absence. E
XCEPT AS
OTHERWISE PROVIDED IN THIS SECTION
, a residence is a permanent building
or part of a building and may include a house, condominium, apartment,
room in a house, or mobile home. No vacant lot or business address shall
be considered a residence.
(I.5) I
F THE RESIDENCE OF AN ELECTOR IS DESTROYED OR BECOMES
UNINHABITABLE
, DUE TO A NATURAL DISASTER OR FOR ANY OTHER REASON ,
AND THE ELECTOR HAS THE PRESENT INTENTION OF RETURNING TO THE
RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY CONSTRUCTED
RESIDENCE AT THE SAME ADDRESS
, THE ELECTOR MAY CONTINUE TO USE THE
ADDRESS OF THE DESTROYED OR UNINHABITABLE RESIDENCE AS THE
ELECTOR
'S RESIDENCE.
(c) The residence given for voting purposes shall be the same as the
residence given for motor vehicle registration and for state income tax
purposes;
EXCEPT THAT THIS SUBSECTION (1)(c) DOES NOT APPLY TO AN
ELECTOR USING THE ADDRESS OF A DESTROYED OR UNINHABITABLE
RESIDENCE AS THE ELECTOR
'S RESIDENCE PURSUANT TO SUBSECTION
(1)(a)(I.5) OF THIS SECTION.
SECTION 2. In Colorado Revised Statutes, 1-2-204, amend (2)(b)
as follows:
1-2-204. Questions answered by elector - rules. (2) In addition,
each elector shall correctly answer the following:
(b) The elector's place of residence, including municipal address
with street number or, if there is no street number, by legal description of
the land upon which the residence sits, including lot, block, addition,
division, or subdivision, as applicable. In all other cases, the residence shall
PAGE 2-SENATE BILL 22-152 be described by the section or subdivision in the township and range as
established and numbered by the United States government survey. If the
place of residence is an apartment house, rooming house, dormitory, hotel,
or motel, the number of the floor and the number of the apartment or room
shall also be given. E
XCEPT AS ALLOWED BY SECTION 1-2-102 (1)(a), no
vacant lot or business address shall be considered a residence. A post office
box number shall not be used as a place of residence for the purposes of this
subsection (2).
SECTION 3. In Colorado Revised Statutes, 31-10-201, add (3)(f)
as follows:
31-10-201. Qualifications of municipal electors. (3) The judges
of election, in determining the residence of a person offering to vote, shall
be governed by the following rules, so far as they may be applicable:
(f) I
F THE RESIDENCE OF A PERSON IS DESTROYED OR BECOMES
UNINHABITABLE
, DUE TO A NATURAL DISASTER OR FOR ANY OTHER REASON ,
AND THE PERSON HAS THE PRESENT INTENTION OF RETURNING TO THE
RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY CONSTRUCTED
RESIDENCE AT THE SAME ADDRESS
, THE PERSON MAY CONTINUE TO USE THE
ADDRESS OF THE DESTROYED OR UNINHABITABLE RESIDENCE AS THE
PERSON
'S RESIDENCE FOR PURPOSES OF THIS SECTION. THE RESIDENCE GIVEN
FOR MOTOR VEHICLE REGISTRATION AND FOR STATE INCOME TAX PURPOSES
MAY BE DIFFERENT FROM THE ADDRESS GIVEN FOR VOTING PURPOSES
PURSUANT TO THIS SUBSECTION
(3)(f).
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 3-SENATE BILL 22-152 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 22-152